MOHAN LAL Vs. HOTEL MARINA

JUDGEMENT

(1.) Petitioner was working with the respondent as a "Waiter". One foreign guest Mr. Mathew stayed in the hotel in Room No. 224 on 3rd and 4th January, 1994. When he was checking out, Front Office Manager Mr. R.K. Dhar asked him to clear his bills regarding tea and drinks along with the room tariff at which Mr. Mathew became angry and said that he had already paid cash in respect of bills to the Waiter, who had served him tea and drinks. Executive Manager Ms. Nalini Malhotra was informed and she also came there. Mr. Mathew told her same version. He stuck to his stand that he had paid money to the Waiter(petitioner).

(2.) Charge-sheet was served on the petitioner regarding this incident as he was on duty of room service. Respondent held a domestic enquiry thereafter. Petitioner participated in the enquiry conducted by the Enquiry Officer. Respondent examined Ms. Nalini Malhotra, Executive Manager as MW1, Mr. R.K. Dhar, Front Office Manager as MW2 and Mr. S.K. Panda, Assistant Manager (F & B) as MW3. MW3 deposed that petitioner was on room service duty on that day and had served tea and drinks in Room No. 224. MW1 and MW2 categorically deposed that foreign guest had complained to them that he had already paid the bill to the Waiter besides signing the same. Petitioner had obtained his signature on the bill.

(3.) Petitioner raised an industrial dispute regarding his termination which was referred to Labour Court No. XXI, Delhi for adjudication in the following terms: